Case law

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  • Lower v. Secretary of Health and Human Services

    United States Court of Federal Claims · Jan 12, 2024

    On November 20, 2019, Petitioner again complained of shoulder pain “related to previous injection for flu immunization” and received another steroid injection. Ex. 6 at 9. … that she received a vaccine covered by the Program, administered either in the United States and its territories or in another geographical area but qualifying for a limited exception; suffered the residual effects of her

    Cited 0 timesUnpublished
  • Brantley v. Secretary of Health and Human Services

    United States Court of Federal Claims · Nov 16, 2023

    Brantley’s “somewhat systemic initial symptoms and persisting intermittent paresthesias may be reflective of a[n] autoimmune response to his immunization.” Id. Dr. … Standards for Adjudication A petitioner is required to establish his case by a preponderance of the evidence. 42 U.S.C. § 300aa–13(1)(a).

    Cited 0 timesUnpublished
  • Grandits v. United States

    66 Fed. Cl. 519 · United States Court of Federal Claims · Jun 23, 2005

    (d) An employee who clearly meets the criteria for exemption must be designated FLSA exempt. … That is not to take away from the skilled work performed by employees who do not qualify for the professional exemption.

    Cited 9 timesPublished
  • Anaheim Gardens v. United States

    107 Fed. Cl. 404 · United States Court of Federal Claims · Sep 26, 2012

    Thetford had filed suit in United States District Court on a due process-based challenge to the prepayment restrictions established by ELIHPA. … HUD was clearly statutorily barred from approving the POA of any property that did not meet the criteria of § 4108.

    Cited 4 timesPublished
  • O'Connor v. Secretary of Health and Human Services

    United States Court of Federal Claims · Apr 17, 2014

    Anderson, who is identified as a retired behavioral specialist, asserted only that when JR "started the hep immunizations, his development started to change. .. … Russell’s letter did not indicate the physician’s view that a vaccine or vaccines caused JR’s conditions.3 On January 30, 2013, l issued an Order instructing Petitioner to file the expert report of a qualified medical doctor

    Cited 0 timesUnpublished
  • Alion Science & Technology Corp. v. United States

    69 Fed. Cl. 14 · United States Court of Federal Claims · Nov 2, 2005

    The first was that the period between September and December 2005 was “time-critical,” with an immediate need for qualified personnel. Id. at 4 . … The second was that during this “time-critical” period, AES-ITT was the only source with qualified personnel which DSO could use to perform the work described in the contract. Id. at 3-4 .

    Cited 12 timesPublished
  • Rogers v. United States

    90 Fed. Cl. 418 · United States Court of Federal Claims · Nov 23, 2009

    Although a public recreational trail could be described as a roadway for the transportation of persons, the nature of the usage is clearly different. … Specifically, Section 8(d) of the Rails to Trails Act established a mechanism known as "railbanking,” whereby railroads ceasing operations on particular lines would convey the lines to qualified entities to operate the rights-of-way

    Cited 58 timesPublished
  • RODELA v. SECRETARY OF HEALTH AND HUMAN SERVICES

    United States Court of Federal Claims · May 7, 2024

    Harris specifically agreed that, even if it is not preferred, neuroinflammation can be identified by resident immune cells without infiltrating immune cells. … I mean, on some level, the two of you are clearly looking at the same thing and coming to slightly different conclusions.” (ECF No. 122, p. 22 (quoting Tr. 375).) Dr.

    Cited 0 timesUnpublished
  • Brouette v. Secretary of Health and Human Services

    United States Court of Federal Claims · Oct 2, 2025

    Although Petitioner had absent reflexes in his face and arms on November 28, 2017, “[t]he MRI the day before clearly demonstrated bilateral strokes and it is well known that strokes may initially cause hyporeflexia.” … To establish an off-Table injury, a petitioner “must show ‘a medical theory causally connecting the vaccination and the injury’” to establish that the vaccine was a substantial factor in bringing about the injury.

    Cited 0 timesUnpublished
  • Lw Construction of Charleston, LLC v. United States

    United States Court of Federal Claims · Jul 31, 2018

    Cir. 2003) (“It is well established that statutes of limitations for causes of action against the United States, being conditions on the waiver of sovereign immunity, are jurisdictional … This conversation clearly establishes the Brantley’s comprehensive control over the affairs of LW.

    Cited 0 timesPublished
  • Kansas City Power & Light Co. v. United States

    124 Fed. Cl. 620 · United States Court of Federal Claims · Jan 13, 2016

    KCP&L failed to provide documentation to support its claim that clearly indicates the point of delivery. … Ct. 110, 115 (1984)) (finding that plaintiff’s counsel’s supplemental submission to the CO did not qualify as a certified claim under the CDA for purposes of establishing the court’s jurisdiction).

    Cited 2 timesPublished
  • Rochlis v. United States

    United States Court of Federal Claims · Jan 14, 2020

    Based on the above, the Landow court reasoned that the plaintiff “clearly had knowledge of facts” that fraud might have been committed. See id. … Defendant contends that: While the record establishes that Mr.

    Cited 0 timesPublished
  • Andrade v. Secretary of Health and Human Services

    United States Court of Federal Claims · Sep 22, 2025

    furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly … During the status conference, petitioner’s counsel noted that two qualified experts, one of whom regularly testified in the program, declined to offer an opinion in support of petitioner’s claim.

    Cited 0 timesUnpublished
  • Harrison v. United States

    120 Fed. Cl. 533 · United States Court of Federal Claims · Mar 19, 2015

    As interpreted by the United States Supreme Court, the Tucker Act waives sovereign immunity to allow jurisdiction over claims against the United States (1) founded on an express or implied contract with the United States, … According to long established precedent decided in the United States Court of Appeals for the Federal Circuit, “there is a ‘well-established principle that, absent specific legislation, federal employees derive the benefits

    Cited 4 timesPublished
  • Parkwood Associates Ltd. Partnership v. United States

    97 Fed. Cl. 809 · United States Court of Federal Claims · Apr 8, 2011

    As to the former point, it is well-established that a breach arises when an obligated party fails to render performance when due. … The court clearly signaled that a different result would obtain in a case such as this, stating that “[w]hen no time for performance is specified and one party performs, the non-performing party is not in breach of the contract

    Cited 20 timesPublished
  • Gilbreth v. United States

    94 Fed. Cl. 88 · United States Court of Federal Claims · Jul 27, 2010

    Though the record does not indicate clearly what events prompted the AFBCMR to take up Mr. … To establish jurisdiction, plaintiff relies on the administrative record, as does defendant. The court may consider the administrative record when addressing a 12(b)(1) motion. See Clifton v.

    Cited 1 timesPublished
  • Walters v. United States

    37 Fed. Cl. 215 · United States Court of Federal Claims · Jan 28, 1997

    Certificate of Release from Active Duty to authorize VSIP pay for him; 3) military education credit and promotion because of his wrongful separation; 4) assignment of a RE *218 code; and 5) credit for service time sufficient to qualify … In the instant case, the Secretary of the Army established the ABCMR and gave it such discretionary authority. See 32 C.F.R. § 581.3 (1996). Through the ABCMR, the Army acted and rendered its decision.

    Cited 4 timesPublished
  • Torres v. Secretary of Health and Human Services

    United States Court of Federal Claims · Feb 3, 2026

    He proposed molecular mimicry and an inflammatory immune-mediated response as causal theories. Id. at 13. He wrote, “[t]he diagnosis of TN is established. Its occurrence after the vaccine is established. … “Vaccines stimulate the body’s immune system to create antibodies.

    Cited 0 timesUnpublished
  • Linda Newman Construction Co. v. United States

    48 Fed. Cl. 231 · United States Court of Federal Claims · Nov 13, 2000

    Santa Fe and Reliance are significant for the disposition of this ease insofar as they establish that a contractor is not necessarily entitled to recover delay overhead costs. … Defendant told plaintiff that it could recover the costs of unchanged work, but plaintiff has not shown that the parties ever agreed that delay overhead qualified as one of the costs of unchanged work.

    Cited 5 timesPublished
  • City of Gettysburg v. United States

    64 Fed. Cl. 429 · United States Court of Federal Claims · Mar 16, 2005

    Maritrans has various rights in its barges that qualify them as property for Fifth Amendment protection. … The burden of establishing inexcusable delay and prejudice is on the proponent and failure to prove both elements is fatal to the establishment of laches. Costello v.

    Cited 9 timesPublished

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